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(영문) 서울남부지방법원 2016.11.25 2016고단4649

상해

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

On August 17, 2016, at the front side road of Yangcheon-gu Seoul Metropolitan Government on August 11, 2016, the Defendant: (a) caused the victim E (year 41) and the vehicle contact accident, and caused the victim to satisfying the satch, satching, satching, and satisfying the chest part of the victim by hand, and sating the victim into the ground floor by sating the victim’s chest and face part; and (b) caused the victim’s injury, such as datum dump, diagnosis, and satum dume, which require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement on the occurrence of traffic accidents (E);

1. Receipt of reports on internal accidents;

1. A traffic accident report (1) (1)

1. Investigation report (to hear statements from the victim E-mail);

1. A written diagnosis of injury to E;

1. Damage photographs;

1. A photograph of the damaged head of the regions;

1. Application of CCTV images-related Acts and subordinate statutes;

1. Grounds for sentencing under Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment) that applies to the relevant criminal facts and that of the choice of punishment;

1. The scope of recommended sentences according to the sentencing guidelines (determination of types) of general bodily injury (generally injured persons), mitigation factors (decision of the recommended area), mitigation factors (decision of the recommended area), mitigation areas (decision of the recommended area), two months to one year; and

2. Circumstances unfavorable to the decision of sentence: The Defendant, on February 18, 2016, was sentenced to a suspended sentence of two years for obstruction of performance of official duties on the grounds of the crime of obstruction of performance of official duties, etc. and did not know even during the suspended sentence.

The nature and degree of the assault of this case is heavy.

The defendant was punished for two suspended execution and several times of a crime related to violence, but failed to improve his character and behavior.

The defendant's mistake is recognized as favorable circumstances.

The victim made compensation for damages to the victim and agreed that the victim expressed his/her will to the prior wife to the defendant.

In the above unfavorable circumstances, the defendant is sentenced to punishment, and is above.